Age Discrimination Claim Properly Dismissed; Hiring of Younger Workers Alone Insufficient

From JILL S. MEYER, M.D., Plaintiff-Appellant, v. DAVID J. SHULKIN, SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee,, 2018 WL 480478, at *2 (C.A.2 (N.Y.), 2018) (Summary Order):

There is no basis to infer age discrimination from Meyer’s failure to obtain the staff psychiatrist position: she fails to identify any evidence that the reason the NJ VA did not hire her was her age; and she offers no support for her assertion that the NJ VA’s preference for board-certified physicians was mere pretext for discrimination. Meyer relies solely on the circumstances that the individuals hired were younger; but such conclusory allegations are insufficient to resist a motion for summary judgment. See Delaney v. Bank of Am. Corp. 766 F.3d 163, 169-70 (2d Cir. 2014) (affirming summary judgment where employee failed to identify any admissible age-related evidence). Accordingly, Meyer has failed to sustain her burden to show a prima facie case of age discrimination.

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